Bill Text: VA SB456 | 2014 | Regular Session | Chaptered
Bill Title: Voting equipment; technical amendments to reflect updates in equipment technology.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-04-03 - Governor: Acts of Assembly Chapter text (CHAP0540) [SB456 Detail]
Download: Virginia-2014-SB456-Chaptered.html
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Be it enacted by the General Assembly of Virginia: 1. That §§24.2-101, 24.2-531, 24.2-603.1, 24.2-609, 24.2-612, 24.2-613, 24.2-623, 24.2-625, 24.2-626, 24.2-627, 24.2-629, 24.2-633, 24.2-634, 24.2-638, 24.2-639, 24.2-641, 24.2-642, 24.2-645, 24.2-646, 24.2-647, 24.2-648, 24.2-649, 24.2-653, 24.2-653.1, 24.2-654, 24.2-657, 24.2-658, 24.2-659, 24.2-663, 24.2-671.1, 24.2-712, 24.2-801, 24.2-801.1, and 24.2-802 of the Code of Virginia are amended and reenacted as follows: §24.2-101. Definitions. As used in this title, unless the context requires a different meaning: "Ballot scanner machine" means the electronic counting machine in which a voter inserts a marked ballot to be scanned and the results tabulated. "Candidate" means a person who seeks or campaigns for an office of the Commonwealth or one of its governmental units in a general, primary, or special election and who is qualified to have his name placed on the ballot for the office. "Candidate" shall include a person who seeks the nomination of a political party or who, by reason of receiving the nomination of a political party for election to an office, is referred to as its nominee. For the purposes of Chapters 8 (§24.2-800 et seq.), 9.3 (§24.2-945 et seq.), and 9.5 (§24.2-955 et seq.), "candidate" shall include any write-in candidate. However, no write-in candidate who has received less than 15 percent of the votes cast for the office shall be eligible to initiate an election contest pursuant to Article 2 (§24.2-803 et seq.) of Chapter 8. For the purposes of Chapters 9.3 (§24.2-945 et seq.) and 9.5 (§24.2-955 et seq.), "candidate" shall include any person who raises or spends funds in order to seek or campaign for an office of the Commonwealth, excluding federal offices, or one of its governmental units in a party nomination process or general, primary, or special election; and such person shall be considered a candidate until a final report is filed pursuant to Article 3 (§24.2-947 et seq.) of Chapter 9.3. "Central absentee voter precinct" means a precinct established by a county or city pursuant to §24.2-712 for the processing of absentee ballots for the county or city or any combination of precincts within the county or city. "Constitutional office" or "constitutional officer" means a county or city office or officer referred to in Article VII, Section 4 of the Constitution of Virginia: clerk of the circuit court, attorney for the Commonwealth, sheriff, commissioner of the revenue, and treasurer. (Effective July 1, 2014) "Department of Elections" means the state agency headed by the Commissioner of Elections. "Direct recording electronic machine" or "DRE" means the electronic voting machine on which a voter touches areas of a computer screen, or uses other control features, to mark a ballot and his vote is recorded electronically. "Election" means a general, primary, or special election. "Election district" means the territory designated by proper authority or by law which is represented by an official elected by the people, including the Commonwealth, a congressional district, a General Assembly district, or a district for the election of an official of a county, city, town, or other governmental unit. "Electoral board" or "local electoral board" means a board appointed pursuant to §24.2-106 to administer elections for a county or city. The electoral board of the county in which a town or the greater part of a town is located shall administer the town's elections. "Entrance of polling place" or "entrance to polling place" means an opening in the wall used for ingress to a structure. "General election" means an election held in the Commonwealth on the Tuesday after the first Monday in November or on the first Tuesday in May for the purpose of filling offices regularly scheduled by law to be filled at those times. "Machine-readable ballot" means a tangible ballot that is marked by a voter or by a system or device operated by a voter and then fed into and scanned by a counting machine capable of reading ballots and tabulating results. "Officer of election" means a person appointed by an electoral board pursuant to §24.2-115 to serve at a polling place for any election. "Paper ballot" means a tangible ballot that is marked by a voter and then manually counted. "Party" or "political party" means an organization of citizens of the Commonwealth which, at either of the two preceding statewide general elections, received at least 10 percent of the total vote cast for any statewide office filled in that election. The organization shall have a state central committee and an office of elected state chairman which have been continually in existence for the six months preceding the filing of a nominee for any office. "Person with a disability" means a person with a disability as defined by the Virginians with Disabilities Act (§51.5-1 et seq.). "Polling place" means the structure that contains the one place provided for each precinct at which the qualified voters who are residents of the precinct may vote. "Precinct" means the territory designated by the governing body of a county, city, or town to be served by one polling place. "Primary" or "primary election" means an election held for the purpose of selecting a candidate to be the nominee of a political party for election to office. "Printed ballot" means a tangible ballot that is printed on paper and includes both machine-readable ballots and paper ballots. "Qualified voter" means a person who is entitled to vote pursuant to the Constitution of Virginia and who is (i) 18 years of age on or before the day of the election or qualified pursuant to §24.2-403 or subsection D of §24.2-544, (ii) a resident of the Commonwealth and of the precinct in which he offers to vote, and (iii) a registered voter. No person who has been convicted of a felony shall be a qualified voter unless his civil rights have been restored by the Governor or other appropriate authority. No person adjudicated incapacitated shall be a qualified voter unless his capacity has been reestablished as provided by law. Whether a signature should be counted towards satisfying the signature requirement of any petition shall be determined based on the signer of the petition's qualification to vote. For purposes of determining if a signature on a petition shall be included in the count toward meeting the signature requirements of any petition, "qualified voter" shall include only persons maintained on the Virginia voter registration system (a) with active status and (b) with inactive status who are qualified to vote for the office for which the petition was circulated. "Qualified voter in a town" means a person who is a resident within the corporate boundaries of the town in which he offers to vote, duly registered in the county of his residence, and otherwise a qualified voter. "Referendum" means any election held pursuant to law to submit a question to the voters for approval or rejection. "Registered voter" means any person who is maintained on the Virginia voter registration system. All registered voters shall be maintained on the Virginia voter registration system with active status unless assigned to inactive status by a general registrar in accordance with Chapter 4 (§24.2-400 et seq.). For purposes of applying the precinct size requirements of §24.2-307, calculating election machine requirements pursuant to Article 3 (§24.2-625 et seq.) of Chapter 6, mailing notices of local election district, precinct or polling place changes as required by subdivision 13 of §24.2-114 and §24.2-306, and determining the number of signatures required for candidate and voter petitions, "registered voter" shall include only persons maintained on the Virginia voter registration system with active status. For purposes of determining if a signature on a petition shall be included in the count toward meeting the signature requirements of any petition, "registered voter" shall include only persons maintained on the Virginia voter registration system (i) with active status and (ii) on inactive status who are qualified to vote for the office for which the petition was circulated. "Registration records" means all official records concerning the registration of qualified voters and shall include all records, lists, applications, and files, whether maintained in books, on cards, on automated data bases, or by any other legally permitted record-keeping method. "Residence" or "resident," for all purposes of qualification to register and vote, means and requires both domicile and a place of abode. To establish domicile, a person must live in a particular locality with the intention to remain. A place of abode is the physical place where a person dwells. "Special election" means any election that is held pursuant to law to fill a vacancy in office or to hold a referendum. "State Board" or "Board" means the State Board of Elections. "Virginia voter registration system" or "voter registration system" means the automated central record-keeping system for all voters registered within the Commonwealth that is maintained as provided in Article 2 (§24.2-404 et seq.) of Chapter 4. "Voting system" means the electronic voting and counting machines used at elections. This term includes direct recording electronic machines (DRE) and ballot scanner machines. §24.2-531. Pollbooks used during primaries. There shall be pollbooks in the form set forth in §24.2-611 §24.2-603.1. Postponement of certain elections; state of emergency. For purposes of this section, "election" means (i) any local or state referendum, (ii) any primary, special, or general election for local or state office except a general election for Governor, Lieutenant Governor, Attorney General and the General Assembly, (iii) any primary for federal office including any primary for the nomination of candidates for the office of President of the United States, or (iv) any federal special election to fill a vacancy in the United States Senate or the United States House of Representatives. In the event of a state of emergency declared by the Governor pursuant to Chapter 3.2 (§44-146.13 et seq.) of Title 44 or declared by the President of the United States or the governor of another state pursuant to law and confirmed by the Governor by an executive order, the Governor may postpone an election by executive order in areas affected by the emergency to a date, notwithstanding the provisions of §24.2-682, not to exceed 14 days from the original date of the election. If a local governing body determines that a longer postponement is required, it may petition a three-judge panel of the Virginia Supreme Court, to include the Chief Justice as the presiding Justice, for an extension. The Chief Justice shall choose the other two Justices by lot. The Court may postpone the election to a date it deems appropriate, notwithstanding the provisions of §24.2-682, not to exceed 30 days from the original date of the election. Only those persons duly registered to vote as of the original date of the election shall be entitled to vote in the rescheduled election. If, as a direct result of the emergency, any ballots already
cast at the polling places or equipment on which ballots have been cast, or any
voted absentee ballots already received by the appropriate election officials
or any equipment on which absentee ballots have already been cast have been
destroyed or otherwise damaged so that such ballots cannot be counted If the postponement of the election is ordered after voting at the polls on the original election date has already commenced, all qualified voters in a precinct in which any voted ballots, voting equipment containing voted ballots or pollbooks recording who has already voted in that precinct have been destroyed or damaged as a direct result of the emergency, so that the votes cannot be counted or it cannot be determined who has already voted, shall be allowed to vote in the rescheduled election, and no votes cast at the polls on the original election date shall be counted. If the postponement of the election is ordered after voting at the polls on the original election date has already commenced and no ballots cast at the polls, voting equipment containing voted ballots, or pollbooks recording who has already voted in that election in that precinct have been destroyed or damaged as a direct result of the emergency, only qualified voters who had not yet voted shall be eligible to vote on the rescheduled election day and all votes cast on the original and postponed election dates shall be counted at the close of the polls on the rescheduled election day. The provisions of §24.2-663 requiring the voiding of all ballots received from any voter who votes more than once in the same election shall not apply to ballots otherwise lawfully cast or recast pursuant to this section; however, no more than one ballot may be counted from any voter in the same election. If one ballot has already been counted, any additional ballots from the same voter shall be void and shall not be counted. The provisions of § 24.2-1004 or any other law prohibiting any voter from voting more than once in the same election, or any oath attesting to the same, shall not apply to ballots otherwise lawfully cast or recast pursuant to this section. No results shall be tallied or votes counted in any postponed election before the closing of the polls on the rescheduled election date. Officers of election in unaffected areas shall count and report the results for the postponed election after the close of the polls on the rescheduled election date. The counting may take place at the precinct or another location determined by the local electoral board. The State Board shall prescribe appropriate procedures to implement this section. §24.2-609. Voting booths. Each electoral board shall provide at each polling place in
its county or city one or more voting booths. At least one booth shall be an
enclosure which permits the voter to vote by §24.2-612. List of offices and candidates filed with State Board and checked for accuracy; when ballots printed; number required. Immediately after the expiration of the time provided by law for a candidate for any office to qualify to have his name printed on the official ballot and prior to printing the ballots for an election, each electoral board shall forward to the State Board a list of the county, city, or town offices to be filled at the election and the names of all candidates who have filed for each office. In addition, each electoral board shall forward the name of any candidate who failed to qualify with the reason for his disqualification. On that same day, the electoral board shall also provide a copy of the notice to each disqualified candidate. The notice shall be sent by email or regular mail to the address on the candidate's certificate of candidate qualification, and such notice shall be deemed sufficient. The State Board shall promptly advise the electoral board of the accuracy of the list. The failure of any electoral board to send the list to the State Board for verification shall not invalidate any election. Each electoral board shall have printed the number of ballots it determines will be sufficient to conduct the election. Notwithstanding any other provisions of this title, the State Board may print or otherwise provide (i) one statewide paper ballot style for each paper ballot style in use for presidential and vice-presidential electors for use only by persons eligible to vote for those offices only under § 24.2-402 or clause (iii) or (v) of subsection B of §24.2-416.1 or (ii) one statewide paper ballot style for each paper ballot style in use for Governor, Lieutenant Governor or Attorney General only for use as the early absentee ballot specified in §24.2-702. The State Board may apportion or authorize the printer or vendor to apportion the costs for these ballots among the localities based on the number of ballots ordered. Any printer employed by the State Board shall execute the statement required by §24.2-616. The State Board shall designate a representative to be present at the printing of such ballots and deliver them to the appropriate electoral boards pursuant to §24.2-617. Upon receipt of such paper ballots, the electoral board shall affix its seal. Thereafter, such ballots shall be handled and accounted for, and the votes counted as the State Board shall specifically direct. The electoral board shall make printed ballots available for absentee voting not later than 45 days prior to any election or within three business days of the receipt of a properly completed absentee ballot application, whichever is later. In the case of a special election, excluding for federal offices, if time is insufficient to meet the applicable deadline established herein, then the electoral board shall make printed ballots available as soon after the deadline as possible. For the purposes of this chapter, making printed ballots available includes mailing of such ballots or electronic transmission of such ballots pursuant to §24.2-706 to a qualified absentee voter who is eligible for an absentee ballot under subdivision 2 of §24.2-700. Not later than five days after absentee ballots are made available, each electoral board shall report to the State Board, in writing on a form approved by the State Board, whether it has complied with the applicable deadline. Only the names of candidates for offices to be voted on in a particular election district shall be printed on the ballots for that election district. The electoral boards shall send to the State Board a statement
of the number of §24.2-613. Form of ballot. The ballots shall comply with the requirements of this title and the standards prescribed by the State Board. For elections for federal, statewide, and General Assembly offices only, each candidate who has been nominated by a political party or in a primary election shall be identified by the name of his political party. Independent candidates shall be identified by the term "Independent." For the purpose of this section, any Independent candidate may, by producing sufficient and appropriate evidence of nomination by a "recognized political party" to the State Board, have the term "Independent" on the ballot converted to that of a "recognized political party" on the ballot and be treated on the ballot in a manner consistent with the candidates nominated by political parties. For the purpose of this section, a "recognized political party" is defined as an organization that, for at least six months preceding the filing of its nominee for the office, has had in continual existence a state central committee composed of registered voters residing in each congressional district of the Commonwealth, a party plan and bylaws, and a duly elected state chairman and secretary. A letter from the state chairman of a recognized political party certifying that a candidate is the nominee of that party and also signed by such candidate accepting that nomination shall constitute sufficient and appropriate evidence of nomination by a recognized political party. The name of the political party, the name of the "recognized political party," or term "Independent" may be shown by an initial or abbreviation to meet ballot requirements. Except as provided for primary elections, the State Board
shall determine by lot the order of the political parties, and the names of all
candidates for a particular office shall appear together in the order
determined for their parties. In an election district in which more than one
person is nominated by one political party for the same office, the candidates'
names shall appear alphabetically in their party groups under the name of the
office, with sufficient space between party groups to indicate them as such.
For the purpose of this section No individual's name shall appear on the ballot more than once for the same office. In preparing the printed ballots for general, special,
and primary elections, the State Board and electoral boards shall cause to be
printed in not less than 10-point type, immediately below the title of any
office, a statement of the number of candidates
Any locality In every county and city using voting systems requiring printed ballots, the electoral board shall furnish a sufficient number of ballots printed on plain white paper, of such form and size as will fit in the ballot frames. §24.2-623. Ballot containers to be supplied by governing bodies; construction and custody. The governing body of each county and city shall provide a
ballot container for each precinct §24.2-625. Application of Title 24.2 and general law. All of the provisions of this title and general law not
inconsistent with the provisions of this article shall apply to elections in
counties, cities, and towns adopting and using §24.2-626. Governing bodies shall acquire electronic voting and counting machines. The governing body of each county and city shall provide for
the use of electronic voting or counting Each county and city governing body shall purchase, lease,
lease purchase, or otherwise acquire such On and after July 1, 2007, no county or city shall acquire any direct recording electronic machine (DRE) for use in elections in the county or city except as provided herein: 1. DREs acquired prior to July 1, 2007, may be used in elections in the county or city for the remainder of their useful life. 2. Any locality that acquired DREs prior to July 1, 2007, may acquire DREs on a temporary basis to conduct an election when the existing DRE inventory is insufficient to conduct the election because all or part of its inventory is under lock or seal as required by §24.2-659. 3. Any locality may acquire DREs from another locality within the Commonwealth, from among their existing inventories, for the expressed purpose of providing accessible voting equipment as required by §24.2-626.1. The local electoral board shall notify the State Board when acquiring any DRE under this provision and shall certify to the State Board that the DRE acquired under this provision is necessary to meet accessible voting requirements. 4. Any locality may modify its existing DREs to comply with federal or state law requirements to provide accessible voting equipment. Any modifications made to existing DREs must be authorized by the State Board of Elections prior to modification. §24.2-627. Electronic voting or counting machines; number required. A. The governing body of any county or city In each precinct having not more than 750 registered voters, 1; In each precinct having more than 750 but not more than 1,500 registered voters, 2; In each precinct having more than 1,500 but not more than 2,250 registered voters, 3; In each precinct having more than 2,250 but not more than 3,000 registered voters, 4; In each precinct having more than 3,000 but not more than 3,750 registered voters, 5; In each precinct having more than 3,750 but not more than 4,500 registered voters, 6; In each precinct having more than 4,500 but not more than 5,000 registered voters, 7. B. The governing body of any county or city C. The local electoral board of any county or city shall be
authorized to conduct any May general election, primary election, or special
election held on a date other than a November general election with the number
of voting or D. For purposes of applying this section, an electoral board may exclude persons voting absentee in its calculations, and if it does so, the electoral board shall send to the State Board a statement of the number of voting systems to be used in each precinct. If the State Board finds that the number of voting systems is not sufficient, it may direct the local board to use more voting systems. §24.2-629. State Board approval process of electronic voting systems. A. Any person, firm, or corporation B.
The Board may approve any kind of electronic voting system that meets the following requirements: 1. It shall provide clear instructions for voters on how to mark or select their choice and cast that vote. 2. It shall provide facilities for voting for all offices at any election and on as many questions as may be submitted at any election. 3. It shall be capable of processing ballots for all parties holding a primary election on the same day, but programmable in such a way that an individual ballot cast by a voter is limited to the party primary election in which the voter chooses to participate. 4. It shall require votes for presidential and vice presidential electors to be cast for the presidential and vice presidential electors of one party by one operation. The ballot shall contain the words "Electors for" preceded by the name of the party or other authorized designation and followed by the names of the candidates for the offices of President and Vice President. 5. It shall enable the voter to cast votes for as many persons for an office as lawfully permitted, but no more. It shall prevent the voter from casting a vote for the same person more than once for the same office. However, ballot scanner machines shall not be required to prevent a voter from voting for a greater number of candidates than he is lawfully entitled to. 6. It shall enable the voter to cast a vote on any question on which he is lawfully permitted to vote, but no other. 7. It shall provide the voter with an opportunity to correct any error before a ballot is cast. 8. It shall correctly register or record and accurately count all votes cast for candidates and on questions. 9. It shall be provided with a "protective counter," whereby any operation of the machine before or after the election will be detected. 10. It shall be provided with a counter that at all times during an election shall show how many persons have voted. 11. It shall ensure voting in absolute secrecy. Ballot scanner machines shall provide for the secrecy of the ballot and a method to conceal the voted ballot. 12. It shall be programmable to allow ballots to be separated when necessary. 13. Ballot scanner machines shall report, if possible, the number of ballots on which a voter undervoted or overvoted. C. After its examination of the equipment, ballots, and other materials submitted by the vendors, the Board shall prepare and file in its office a report of its finding as to (i) the apparent capability of such equipment to accurately count, register, and report votes; (ii) whether the system can be conveniently used without undue confusion to the voter; (iii) its accessibility to voters with disabilities; (iv) whether the system can be safely used without undue potential for fraud; (v) the ease of its operation and transportation by voting equipment custodians and officers of election; (vi) the financial stability of the vendor and manufacturer; (vii) whether the system meets the requirements of this title; (viii) whether the system meets federal requirements; (ix) whether issues of reliability and security identified with the system by other state governments have been adequately addressed by the vendor; and (x) whether, in the opinion of the Board, the potential for approval of such system is such as to justify further examination and testing. D. If the Board determines that there is such potential and prior to its final determination as to approval or disapproval of such system, the Board shall obtain a report by an independent electronics or engineering consultant as to (i) whether the system accurately counts, registers, and reports votes; (ii) whether it is capable of storing and retaining existing votes in a permanent memory in the event of power failure during and after the election; (iii) the number of separate memory capabilities for the storage of recorded votes; (iv) its mechanical and electronic perfections and imperfections; (v) the audit trail provided by the system; (vi) the anticipated frequency of repair; (vii) the ease of repair; (viii) the anticipated life of the equipment; (ix) its potential for fraudulent use; (x) its accessibility to voters with disabilities; (xi) the ease of its programming, transportation, and operation by voting equipment custodians and officers of election; and (xii) any other matters deemed necessary by the Board. Failure by an applicant to cooperate with the consultant by furnishing information and production equipment and ballots requested shall be deemed a withdrawal of the application, but nothing in this section shall require the disclosure of trade secrets by the applicant. If such trade secrets are essential to the proper analysis of the system and are provided for that reason, the consultant shall subscribe to an oath subject to the penalty for perjury that he will neither disclose nor make use of such information except as necessary for the system analysis. The report of the consultant shall be filed in the office of the Board.
§24.2-633. Notice of final testing of voting system; sealing equipment. Before the final testing of voting or counting The notice shall state the time and place where the At the time stated in the notice, the representatives, if
present, shall be afforded an opportunity to see that the equipment is in proper
condition for use at the election. When a §24.2-634. Locking and securing after preparation. When voting §24.2-638. Voting equipment to be in plain view; officers and others not permitted to see actual voting; unlocking counter compartment of equipment, etc. During the election, the exterior of the voting No voting or counting The equipment shall be placed at least four feet from any table where an officer of election is working or seated. The officers of election shall not themselves be, or permit any other person to be, in any position or near any position that will permit them to observe how a voter votes or has voted. One of the officers shall inspect the face of the voting §24.2-639. Duties of officers of election. The officers of election of each precinct at which voting or
counting The keys to the equipment and any electronic activation devices that are required for the operation of electronic voting equipment shall be delivered, prior to the opening of the polls, to the officer of election designated by the electoral board in a sealed envelope on which has been written or printed the name of the precinct for which it is intended. The envelope containing the keys and any electronic activation devices shall not be opened until all of the officers of election for the precinct are present at the polling place and have examined the envelope to see that it has not been opened. The equipment shall remain locked against voting until the polls are formally opened and shall not be operated except by voters in voting. Before opening the polls, each officer shall examine the equipment and see that no vote has been cast and that the counters register zero. The officers shall conduct their examination in the presence of the following party and candidate representatives: one authorized representative of each political party or independent candidate in a general or special election, or one authorized representative of each candidate in a primary election, if such representatives are available. Each authorized representative shall be a qualified voter of any jurisdiction of the Commonwealth. Each representative, who is not himself a candidate or party chairman, shall present to the officers of election a written statement designating him to be a representative of the party or candidate and signed by the county or city chairman of his political party, the independent candidate, or the primary candidate, as appropriate. Such statement, bearing the chairman's or candidate's original signature, may be photocopied and such photocopy shall be as valid as if the copy had been signed.
§24.2-641. Sample ballot. The electoral board shall provide for each precinct in which §24.2-642. Inoperative equipment. A. When any voting or counting No voting or counting No voting or counting Nothing in this subsection shall prohibit the removal of an
inoperative B. In any precinct that uses a ballot that can be C. §24.2-645. Defaced printed ballots. If any §24.2-646. Voter folds paper ballot and hands same to officer who deposits it unopened in ballot container. The qualified voter shall fold each paper ballot with the names of the candidates and questions on the inside and hand the folded ballot to the appropriate officer of election. The officer shall place the ballot in the ballot container without any inspection except to assure himself that only a single ballot has been tendered and that the ballot is a genuine ballot. Without looking at the printed inside of the ballot, the officer may inspect the official seal on the back of the ballot to determine if it is genuine. §24.2-647. Voting systems; demonstration on election day. The electoral board shall provide at each polling place on
election day, for the voting For If any voter, after entering the voting booth, asks for
further instructions concerning the manner of voting, two of the officers §24.2-648. Write-in votes on voting equipment. Write-in votes may be cast on voting equipment for any person whose name does not appear on the ballot as a candidate for the office being voted, subject to this section and the provisions of §24.2-644 not in conflict with this section. Each write-in vote shall be entered in the receptacle or area
designated on the Except on §24.2-649. Assistance for certain voters; penalties. A. Any voter age 65 or older or physically disabled may
request and then shall be handed a Any county or city that has acquired an electronic voting B. Any qualified voter The officer of election or other person so designated shall not enter the booth with the voter unless (i) the voter signs a request stating that he requires assistance by reason of physical disability or inability to read or write and (ii) the officer of election or other person signs a statement that he is not the voter's employer or an agent of that employer, or an officer or agent of the voter's union, and that he will act in accordance with the requirements of this section. The request and statement shall be on a single form furnished by the State Board. If the voter is unable to sign the request, his own mark acknowledged by him before an officer of election shall be sufficient signature, provided no mark shall be required of a voter who is blind. An officer of election shall advise the voter and person assisting the voter of the requirements of this section and record the name of the voter and the name and address of the person assisting him. The officer of election or other person so designated shall assist
the qualified voter in the preparation of his ballot in accordance with his
instructions and without soliciting his vote or in any manner attempting to
influence his vote and shall not in any manner divulge or indicate, by signs or
otherwise, how the voter voted on any office or question. If a C. If the voter requires assistance in a language other than English and has not designated a person to assist him, an officer of election, before he assists as interpreter, shall inquire of the representatives authorized to be present pursuant to §24.2-604 whether they have a volunteer available who can interpret for the voter. One representative interpreter for each party or candidate, insofar as available, shall be permitted to observe the officer of election communicate with the voter. The voter may designate one of the volunteer party or candidate interpreters to provide assistance. A person so designated by the voter shall meet all the requirements of this section for a person providing assistance. D. A person who willfully violates subsection B or C E. In any precinct in which an electronic voting §24.2-653. Voter whose name does not appear on pollbook or who is marked as having voted; handling of provisional ballots; ballots cast after normal close of polls due to court order extending polling hours. A. When a person offers to vote pursuant to §24.2-652 and the
general registrar is not available or cannot state that the person is
registered to vote, then such person shall be allowed to vote by Such person shall be given a The voter shall then, in the presence of an officer of election, but in a secret manner, mark the printed ballot as provided in §24.2-644 and seal it in the green envelope. The envelope containing the ballot shall then promptly be placed in the ballot container by an officer of election. An officer of election, by a written notice given to the voter, shall (i) inform him that a determination of his right to vote shall be made by the electoral board, (ii) advise the voter of the beginning time and place for the board's meeting and of the voter's right to be present at that meeting, and (iii) inform a voter voting provisionally when required by § 24.2-643 that he may submit a copy of one of the forms of identification specified in subsection B of §24.2-643 to the electoral board by facsimile, electronic mail, in-person submission, or timely United States Postal Service or commercial mail delivery, to be received by the electoral board no later than noon on the third day after the election. At the meeting, the voter may request an extension of the determination of the provisional vote to the following day in order to provide information to prove that the voter is entitled to vote in the precinct pursuant to §24.2-401. The electoral board shall have the authority to grant such extensions which it deems reasonable to determine the status of a provisional vote. B. The provisional votes submitted pursuant to subsection A, in their unopened envelopes, shall be sealed in a special envelope marked "Provisional Votes," inscribed with the number of envelopes contained therein, and signed by the officers of election who counted them. All provisional votes envelopes shall be delivered either (i) to the clerk of the circuit court who shall deliver all such envelopes to the secretary of the electoral board or (ii) to the general registrar in localities in which the electoral board has directed delivery of election materials to the general registrar pursuant to §24.2-668. The electoral board shall meet on the day following the election and determine whether each person having submitted such a provisional vote was entitled to do so as a qualified voter in the precinct in which he offered the provisional vote. If the board is unable to determine the validity of all the provisional ballots offered in the election, or has granted any voter who has offered a provisional ballot an extension to the following day as provided in subsection A, the meeting shall stand adjourned from day to day, not to exceed seven calendar days from the date of the election, until the board has determined the validity of all provisional ballots offered in the election. One authorized representative of each political party or independent candidate in a general or special election or one authorized representative of each candidate in a primary election shall be permitted to remain in the room in which the determination is being made as an observer so long as he does not participate in the proceedings and does not impede the orderly conduct of the determination. Each authorized representative shall be a qualified voter of any jurisdiction of the Commonwealth. Each representative, who is not himself a candidate or party chairman, shall present to the electoral board a written statement designating him to be a representative of the party or candidate and signed by the county or city chairman of his political party, the independent candidate, or the primary candidate, as appropriate. Such statement, bearing the chairman's or candidate's original signature, may be photocopied and such photocopy shall be as valid as if the copy had been signed. Notwithstanding the provisions of the Virginia Freedom of Information Act (§2.2-3700 et seq.), attendance at meetings of the electoral board to determine the validity of provisional ballots shall be permitted only for the authorized representatives provided for in this subsection, for the persons whose provisional votes are being considered and their representative or legal counsel, and for appropriate staff and legal counsel for the electoral board. If the electoral board determines that such person was not entitled to vote as a qualified voter in the precinct in which he offered the provisional vote, is unable to determine his right to vote, or has not been provided one of the forms of identification specified in subsection B of §24.2-643, the envelope containing his ballot shall not be opened and his vote shall not be counted. The provisional vote shall be counted if (a) such person is entitled to vote in the precinct pursuant to §24.2-401 or (b) the State Board or the voter presents proof that indicates the voter submitted an application for registration to the Department of Motor Vehicles or other state-designated voter registration agency prior to the close of registration pursuant to § 24.2-416 and the registrar determines that the person was qualified for registration based upon the application for registration submitted by the person pursuant to subsection A. The general registrar shall notify in writing pursuant to §24.2-114 those persons found not properly registered or whose provisional vote was not counted. If the electoral board determines that such person was entitled to vote, the name of the voter shall be entered in a provisional votes pollbook and marked as having voted, the envelope shall be opened, and the ballot placed in a ballot container without any inspection further than that provided for in §24.2-646. On completion of its determination, the electoral board shall proceed to count such ballots and certify the results of its count. Its certified results shall be added to those found pursuant to §24.2-671. No adjustment shall be made to the statement of results for the precinct in which the person offered to vote. The certification of the results of the count together with all ballots and envelopes, whether open or unopened, and other related material shall be delivered by the electoral board to the clerk of the circuit court and retained by him as provided for in §§24.2-668 and 24.2-669. C. Whenever the polling hours are extended by an order of a court of competent jurisdiction, any ballots marked after the normal polling hours by persons who were not already in line at the time the polls would have closed, notwithstanding the court order, shall be treated as provisional ballots under this section. The officers of election shall mark the green envelope for each such provisional ballot to indicate that it was cast after normal polling hours due to the court order, and when preparing the materials to deliver to the registrar or electoral board, shall separate these provisional ballots from any provisional ballots used for any other reason. The electoral board shall treat these provisional ballots as provided in subsection B; however, the counted and uncounted provisional ballots marked after the normal polling hours shall be kept separate from all other ballots and recorded in a separate provisional ballots pollbook. The State Board of Elections shall provide instructions to the electoral boards for the handling and counting of such provisional ballots pursuant to this section. §24.2-653.1. Voters who did not receive absentee ballots; provisional ballots. A. The provisions of this section shall apply when (i) a person offers to vote pursuant to §24.2-643 at his proper polling place or at a central absentee voter precinct established by the governing body of the county or city where he is registered to vote, (ii) his name is shown on the pollbook as having applied for an absentee ballot, and (iii) for any reason he did not receive or has lost the absentee ballot. In such case, he shall be entitled to cast a provisional ballot after presenting to the officer of election a statement signed by him that he did not receive the ballot or has lost the ballot, subject to felony penalties for making false statements as pursuant to §24.2-1016. B. Such person shall be given a §24.2-654. Officers to lock and seal voting equipment and ascertain vote after polls closed; statement of results. As soon as the polls are closed, the officers of election
shall lock each voting and counting In ascertaining the vote, the officers of election shall complete a statement of results in duplicate on the form and in the manner prescribed by the State Board. §24.2-657. Determination of vote on voting systems. In the presence of all persons who may be present lawfully at
the time, giving full view of the voting §24.2-658. Machines with printed return sheets; disposition of sheets. If The printed inspection sheets and one copy of the printed
return sheets shall be kept with the One copy of the printed return sheets shall be made available
by the clerk of the circuit court on the day following the election and for §24.2-659. Locking voting and counting machines after election and delivering keys to clerk; printed returns as evidence. A. If the voting or counting If the voting or counting If the voting or counting The voting and counting When recounts occur in precincts using When the required time has expired, the clerk of the circuit court shall return all voting equipment keys to the electoral board. B. The local electoral board may direct that the officers of
election and custodians, in lieu of conveying the sealed equipment keys to the
clerk of the circuit court as provided in subsection A §24.2-663. When ballot void. If a If any person votes, either in person or absentee, more than one time in an election, all ballots received from such person shall be void and, if possible, not counted. If one such ballot has already been cast, any additional ballots received from such person shall be void and not counted. §24.2-671.1. Audits of ballot scanner machines. A. The State Board shall be authorized to B. No audit C. All audits shall be performed in accordance with the procedures prescribed by the State Board under the supervision of the local electoral board. The procedures established by the State Board shall include its procedures for conducting hand counts of ballots. Candidates and political parties may have representatives observe the audits. D. At the conclusion of each audit, the local electoral board shall announce publicly the results of the audit of the machines in its jurisdiction. The announcement shall include a comparison of the audited election results and the initial tally for each machine audited, and an analysis of any detected discrepancies. §24.2-712. Central absentee voter precincts; counting ballots. A. Notwithstanding any other provision of law, the governing body of each county or city may establish one or more central absentee voter precincts in the courthouse or other public buildings for the purpose of receiving, counting, and recording absentee ballots cast in the county or city. The decision to establish any absentee voter precinct shall be made by the governing body by ordinance; the ordinance shall state for which elections the precinct shall be used. The decision to abolish any absentee voter precinct shall be made by the governing body by ordinance. Immediate notification of either decision shall be sent to the State Board and the electoral board. B. Each central absentee voter precinct shall have at least three officers of election as provided for other precincts. The number of officers shall be determined by the electoral board. C. If any voter brings an unmarked ballot to the central absentee voter precinct on the day of the election, he shall be allowed to vote it. If any voter brings an unmarked ballot to the electoral board on or before the day of the election, he shall be allowed to vote it, and his ballot shall be delivered to the absentee voter precinct pursuant to §24.2-710. The officers at the absentee voter precinct shall determine any appeal by any other voter whose name appears on the absentee voter applicant list and who offers to vote in person. If the officers at the absentee voter precinct produce records showing the receipt of his application and the certificate of mailing for the ballot, they shall deny his appeal. If the officers cannot produce such records, the voter shall be allowed to vote in person at the absentee voter precinct and have his vote counted with other absentee votes. If the voter's appeal is denied, the provisions of §24.2-708 shall be applicable, and the officers shall advise the voter that he may vote on presentation of a statement signed by him that he has not received an absentee ballot and subject to felony penalties for making false statements pursuant to §24.2-1016. D. Absentee ballots may be processed as required by §24.2-711
by the officers of election at the central absentee voter precinct prior to the
closing of the polls but the ballot container shall not be opened and the
counting of ballots shall not begin prior to that time. In the case of As soon as the polls are closed in the county or city the officers of election at the central absentee voter precinct shall proceed promptly to ascertain and record the vote given by absentee ballot and report the results in the manner provided for counting and reporting ballots generally in Article 4 (§24.2-643 et seq.) of Chapter 6. E. The electoral board may provide that the officers of election for a central absentee voter precinct may be assigned to work all or a portion of the time that the precinct is open on election day subject to the following conditions: 1. The chief officer and the assistant chief officer, appointed pursuant to §24.2-115 to represent the two political parties, are on duty at all times; and 2. No officer, political party representative, or other candidate representative shall leave the precinct after any ballots have been counted until the polls are closed and the count for the precinct is completed and reported. F. The electoral board, with the written agreement of the general registrar, may provide that the central absentee voter precinct will open after 6:00 a.m. and at any time before noon on the day of the election provided that the office of the general registrar will be open for the receipt of absentee ballots until the central absentee voter precinct is open and that the officers of election for the central absentee voter precinct obtain the absentee ballots returned to the general registrar's office for the purpose of counting the absentee ballots at the central absentee voter precinct and provided further that the central absentee voter precinct is the same location as the office of the general registrar. §24.2-801. Petition for recount; recount court. The petition for a recount of an election, other than an election for presidential electors, shall be filed within 10 days from the day the State Board or the electoral board certifies the result of the election under §24.2-679 or §24.2-671, but not thereafter. The petition shall be filed in the Circuit Court of the City of Richmond in the case of any statewide office and in the circuit court of the county or city in which the candidate being challenged resides in the case of any other office. The petition shall be filed in the Circuit Court of the City of Richmond in the case of any statewide referendum and in the circuit court of any county or city comprising a part of the election district in the case of any other referendum. The petition shall set forth the results certified by the
Board or electoral board and shall request the court to have the ballots in the
election recounted or, in the case of In an election for office, a copy of the petition shall be served on the candidate apparently nominated or elected as provided under § 8.01-296 and within 10 days after the Board or electoral board has certified the results of such election. In a referendum, a copy of the petition shall be so served on the governing body or chief executive officer of the jurisdiction in which the election was held. The chief judge of the circuit court in which a petition is filed shall promptly notify the Chief Justice of the Supreme Court of Virginia, who shall designate two other judges to sit with the chief judge, and the court shall be constituted and sit in all respects as a court appointed and sitting under §§24.2-805 and 24.2-806. §24.2-801.1. Petition for recount of election for presidential electors; recount court. The petition for a recount of an election for presidential electors shall be filed no later than 5:00 p.m. on the second calendar day after the day the State Board certifies the result of the election under § 24.2-679, but not thereafter. Presidential candidates who anticipate the possibility of asking for a recount are encouraged to so notify the State Board by letter as soon as possible after election day. The petition shall be filed in the Circuit Court of the City of Richmond. If any presidential candidate is eligible to seek a recount of the results of the election for presidential electors under §24.2-800 the State Board shall, within 24 hours of the certification of the results, notify the Circuit Court of the City of Richmond and the Supreme Court of Virginia (i) that a recount is possible, (ii) which presidential candidate is eligible to seek a recount, and (iii) of the date the results were certified. The Circuit Court of the City of Richmond shall make arrangements to receive any such filing if the office would normally be closed the entire day, or prior to 5:00 p.m., on the second calendar day after the day the State Board certified the result of the election. The petition shall set forth the results certified by the Board
and shall request the court to have the ballots in the election recounted or,
in the case of A copy of the petition shall be served on the presidential candidate whose electors were apparently elected as provided under §8.01-296 and within five calendar days after the Board has certified the results of such election. As soon as a petition is filed, the chief judge of the Circuit Court shall promptly notify the Chief Justice of the Supreme Court of Virginia, who shall designate two other judges to sit with the chief judge, and the court shall be constituted and sit in all respects as a court appointed and sitting under §24.2-805. Any recount of an election for presidential electors shall be held promptly and completed, in accordance with the provisions of 3 U.S.C. §5, at least six days before the time fixed for the meeting of the electors. §24.2-802. Procedure for recount. A. The State Board of Elections shall promulgate standards for
(i) the proper handling and security of voting and counting The recount procedures to be followed throughout the election
district shall be as uniform as practicable, taking into account the types of
ballots and voting In preparation for the recount, the clerks of the circuit
courts shall (a) secure all B. Within seven calendar days of the filing of the petition
for a recount of any election other than an election for presidential electors,
or within five calendar days of the filing of a petition for a recount of an
election for presidential electors, the chief judge of the circuit court shall
call a preliminary hearing at which (i) motions may be disposed of and (ii) the
rules of procedure may be fixed, both subject to review by the full court. As
part of the preliminary hearing, the chief judge may permit the petitioner and
his counsel, together with each other party and his counsel and at least two members
of the electoral board and the custodians, to examine any direct recording electronic The chief judge, subject to review by the full court, may set
the place or places for the recount and may order the delivery of election
materials to a central location and the transportation of voting After the full court is appointed under §24.2-801 or 24.2-801.1, it shall call a hearing at which all motions shall be disposed of and the rules of procedure shall be fixed finally. The court shall call for the advice and cooperation of the State Board or any local electoral board, as appropriate, and such boards shall have the duty and authority to assist the court. The court shall fix procedures that shall provide for the accurate determination of votes in the election. The determination of the votes in a recount shall be based on votes cast in the election and shall not take into account (a) any absentee ballots or provisional ballots sought to be cast but ruled invalid and not cast in the election, (b) ballots cast only for administrative or test purposes and voided by the officers of election, or (c) ballots spoiled by a voter and replaced with a new ballot. The eligibility of any voter to have voted shall not be an issue in a recount. Commencing upon the filing of the recount, nothing shall prevent the discovery or disclosure of any evidence that could be used pursuant to §24.2-803 in contesting the results of an election. C. The court shall permit each candidate, or petitioner and
governing body or chief executive officer, to select an equal number of the
officers of election to be recount officials and to count printed
ballots, or in the case of direct recording electronic The court may provide that if, at the time of the recount, any recount official fails to appear, the remaining recount officials present shall appoint substitute recount officials who shall possess the same qualifications as the recount officials for whom they substitute. The court may select pairs of recount coordinators to serve for each county or city in the election district who shall be members of the county or city electoral board and represent different political parties. The court shall have authority to summon such officials and coordinators. On the request of any party to the recount, the court shall allow that party to appoint one representative observer for each team of recount officials. The representative observers shall have an unobstructed view of the work of the recount officials. The expenses of its representatives shall be borne by each party. D. The court (i) shall supervise the recount and (ii) may require delivery of any or all pollbooks used and any or all ballots cast at the election, or may assume supervision thereof through the recount coordinators and officials. The redetermination of the vote in a recount shall be conducted as follows: 1. For paper ballots, the recount officials shall hand count the paper ballots using the standards promulgated by the State Board pursuant to subsection A. 2. For direct recording electronic machines (DREs), the recount officials shall open the envelopes with the printouts and read the results from the printouts. If the printout is not clear, or on the request of the court, the recount officials shall rerun the printout from the machine or examine the counters as appropriate. 3. For There shall be only one redetermination of the vote in each precinct. At the conclusion of the recount of each precinct, the recount
officials shall write down the number of valid ballots cast, this number being
obtained from the ballots cast in the precinct, or from the ballots cast as
shown on the statement of results if the ballots cannot be found, for each of
the two candidates or for and against the question. They shall submit the
ballots or the statement of results used, as to the validity of which questions
exist, to the court. The written statement of any one recount official
challenging a ballot shall be sufficient to require its submission to the
court. If, on all direct recording electronic At the conclusion of the recount of all precincts, after allowing the parties to inspect the questioned ballots, and after hearing arguments, the court shall rule on the validity of all questioned ballots and votes. After determining all matters pertaining to the recount and redetermination of the vote as raised by the parties, the court shall certify to the State Board and the electoral board or boards (a) the vote for each party to the recount and declare the person who received the higher number of votes to be nominated or elected, as appropriate, or (b) the votes for and against the question and declare the outcome of the referendum. The State Board shall post on the Internet any and all changes made during the recount to the results as previously certified by it pursuant to §24.2-679. E. Costs of the recount shall be assessed against the counties and cities comprising the election district when (i) the candidate petitioning for the recount is declared the winner; (ii) the petitioners in a recount of a referendum win the recount; or (iii) there was between the candidate apparently nominated or elected and the candidate petitioning for the recount a difference of not more than one-half of one percent of the total vote cast for the two such candidates as determined by the State Board or electoral board prior to the recount. Otherwise the costs of the recount shall be assessed against the candidate petitioning for the recount or the petitioners in a recount of a referendum. If more than one candidate petitions for a recount, the court may assess costs in an equitable manner between the counties and cities and any such candidate if both are liable for costs under this subsection. Costs incurred to date shall be assessed against any candidate or petitioner who defaults or withdraws his petition. F. The court shall determine the costs of the recount subject to the following limitations: (i) no per diem payment shall be assessed for salaried election officials; (ii) no per diem payment to officers of election serving as recount officials shall exceed two-thirds of the per diem paid such officers by the county or city for service on election day; and (iii) per diem payments to alternates shall be allowed only if they serve. G. Any petitioner who may be assessed with costs under subsection E shall post a bond with surety with the court in the amount of $10 per precinct in the area subject to recount. If the petitioner wins the recount, the bond shall not be forfeit. If the petitioner loses the recount, the bond shall be forfeit only to the extent of the assessed costs. If the assessed costs exceed the bond, he shall be liable for such excess. H. The recount proceeding shall be final and not subject to appeal. I. For the purposes of this section: "Overvote" means a ballot on which a voter casts a vote for a greater number of candidates or positions than the number for which he was lawfully entitled to vote and no vote shall be counted with respect to that office or issue. "Undervote" means a ballot on which a voter casts a vote for a lesser number of candidates or positions than the number for which he was lawfully entitled to vote. 2. That §§24.2-628 and 24.2-640 of the Code of Virginia are repealed. 3. That an emergency exists and this act is in force from its passage. |
